maharastra state electricity distribution co - MAHADISCOM
maharastra state electricity distribution co - MAHADISCOM
maharastra state electricity distribution co - MAHADISCOM
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Consumer Grievance Redressal Forum, Kalyan Zone<br />
Behind “Tejashree", Jahangir Meherwanji Road, Kalyan (West) 421301<br />
Ph– 2210707, Fax – 2210707, E-mail : cgrfkalyan@mahadis<strong>co</strong>m.in<br />
IN THE MATTER OF GRIEVANCE NO. K/E/450/507 OF 2010-2011 OF<br />
M/S. KETU PAREKH, VASAI (EAST) REGISTERED WITH CONSUMER<br />
GRIEVANCE REDRESSAL FORUM KALYAN ZONE, KALYAN ABOUT<br />
EXCESSIVE BILLING.<br />
M/s. Ketu Parekh (Here-in-after<br />
Gala No. 02, referred<br />
Shiv Shankar Ind. E<strong>state</strong>, Waliv, as Consumer)<br />
Behind Burmah Shell Petrol Pump,<br />
Vasai (East), Dist. : Thane – 401 208<br />
Versus<br />
Maharashtra State Electricity Distribution (Here-in-after<br />
Company Limited through its referred<br />
Dy. Executive Engineer as licensee)<br />
Vasai Road (East) Sub-Dn.<br />
Vasai, Dist. Thane.<br />
1) Consumer Grievance Redressal Forum has been established under<br />
“Maharashtra Electricity Regulatory Commission (Consumer Grievance<br />
Redressal Forum & Ombudsman) Regulation 2006” to redress the<br />
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Grievance No. K/E/450/507 of 2010-2011<br />
grievances of <strong>co</strong>nsumers. This regulation has been made by the<br />
Maharashtra Electricity Regulatory Commission vide powers <strong>co</strong>nferred on it<br />
by Section 181 read with sub-section 5 to 7 of section 42 of the Electricity<br />
Act, 2003. (36 of 2003).<br />
2) The <strong>co</strong>nsumer is a L.T-V. <strong>co</strong>nsumer of the licensee with C. D. 80 KVA..<br />
The Consumer is billed as per Industrial tariff. Consumer registered<br />
grievance with the Forum on 23/11/2010 for Excessive Energy Bills. The<br />
details are as follows: -<br />
Name of the <strong>co</strong>nsumer :- M/s. Ketu Parekh<br />
Address: - As given in the title<br />
Consumer No : - 1)001849028520 – 107 HP<br />
2)002170785498 – 65 HP<br />
Reason of dispute: Excessive Energy Bills.<br />
3) The batch of papers <strong>co</strong>ntaining above grievance was sent by Forum vide<br />
letter No EE/CGRF/Kalyan/738 dated 23/11/2010 to Nodal Officer of<br />
licensee. The licensee filed reply vide letter No. DYEE/VSI/(E)/10947,<br />
dated 29/12/2010.<br />
4) The forum heard both the parties on 29/12/2010 @ 15.00 Hrs. in the<br />
meeting hall of the Forum’s office. Shri Harshad Sheth, Shri Vinit Sheth<br />
representatives of the <strong>co</strong>nsumer & Shri M. S. Patil, Asstt. Acctt.. and Shri<br />
J. P. Keni Sub-Engineer, representatives of the licensee attended hearing.<br />
Minutes of the hearing including the submissions made by the parties are<br />
re<strong>co</strong>rded and the same are kept in the re<strong>co</strong>rd. Submissions made by each<br />
party in respect of each grievance shall be referred while deciding each of<br />
the grievances to avoid repetition.<br />
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Grievance No. K/E/450/507 of 2010-2011<br />
5) The <strong>co</strong>nsumer has taken <strong>electricity</strong> <strong>co</strong>nnection from the Distribution<br />
Licensee (DL) to the industry situated at Shiv Shankar Ind. E<strong>state</strong>, Waliv,<br />
Vasai (East) in the year 2005. It is averred while taking <strong>co</strong>nnection<br />
licensee <strong>co</strong>llected SD of Rs. 19,500/-, ASD Rs. 11,700/- but does not<br />
appear in the <strong>co</strong>mputer due to change over to Oracle System. It is<br />
<strong>co</strong>ntended on verifying F-1 register or any other evidence as per the<br />
directions of Hon. MERC licensee needs to refund the same and that<br />
<strong>co</strong>nsumer claimed the amount vide chart enclosed with interest but not<br />
refunded. It is further <strong>co</strong>ntended that licensee is supposed to refund the<br />
RLC amount from July 2008 onwards. RLC amount of Rs. 39,505/- paid for<br />
the single phase <strong>co</strong>nnection since it is merged in three phase meter,<br />
<strong>co</strong>llected RLC is required to be refunded but not refunded so far with<br />
interest vide chart enclosed. It is averred that licensee <strong>co</strong>llected excess<br />
Rs. 13,383/- + Rs. 54,240/- and Rs. 67,623/- during the period July 2006 to<br />
Sept. 2006 and the same needs to be refunded. Consumer by letter dt.<br />
04/09/10 claimed the amounts as above but the licensee did not respond.<br />
Consumer moved the I.G.R. Cell but in vain, hence the instant grievance<br />
application to direct the licensee to refund the amount of S.D., ASD, R.L.C.<br />
and excess <strong>co</strong>llected amount vide charts enclosed with interest.<br />
6) Licensee filed reply dt. 29/12/10 <strong>co</strong>ntending that amount of SD & ASD<br />
alongwith RLC is being refunded with interest. So far excess <strong>co</strong>llected<br />
amount on verifying re<strong>co</strong>rds if found excess <strong>co</strong>llected will be refunded.<br />
7) So far refund of SD in the event of zero display, ac<strong>co</strong>rding to the learned<br />
representative for the <strong>co</strong>nsumer verifying the F-1 register and Firm<br />
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Grievance No. K/E/450/507 of 2010-2011<br />
Quotation, amount is to be refunded as per the directions of Hon. MERC in<br />
case No. 93 of 2008. This Forum in many cases including case No. 396 of<br />
2010 filed by representative Shri Harshad Sheth, referring the order of Hon.<br />
MERC as above clearly pointed out on payment of SD/ASD. In this <strong>co</strong>ntext<br />
the licensee is directed verifying F-1 register, F.Q. or any other evidence in<br />
the light of the directions given by Hon. MERC to refund if not paid earlier,<br />
with R.B.I. rate of interest.<br />
8) So far refund of RLC <strong>co</strong>nsumer pointed out that this amount was paid by<br />
the <strong>co</strong>nsumer to the licensee as loan in the difficult time of licensee during<br />
December 2003 to July 2006 @ 50 paise per unit monthly <strong>co</strong>nsumption.<br />
Hon. MERC in case No. 72 of 2006 clearly depicted methodology as<br />
regards refund of RLC. When the amount running in thousands i.e. Rs.<br />
39,505/- was given in difficult days, licensee is under obligation to refund<br />
the same as per the directions of Hon. MERC and Ombudsman and not as<br />
per the sweet will of the officials of the licensee. This Forum in many cases<br />
including case No. 393 and 436 of 2010 filed by representative Shri<br />
Harshad Sheth in detail pointed out on this aspect.<br />
9) It is <strong>co</strong>ntended that licensee <strong>co</strong>llected excess amount of Rs. 13,383/- + Rs.<br />
54,240/- and Rs. 67,623/- in the year 2006 while extending 107 HP supply<br />
and the same needs to be refunded. Consumer has not placed on re<strong>co</strong>rd<br />
details of the same. When ac<strong>co</strong>rding to <strong>co</strong>nsumer excess amount is<br />
<strong>co</strong>llected, it is apt to direct the officials of the licensee verifying the re<strong>co</strong>rds<br />
to calculate if any excess amount is <strong>co</strong>llected and if <strong>co</strong>llected, to refund the<br />
same with interest within the stipulated time.<br />
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Grievance No. K/E/450/507 of 2010-2011<br />
10) While parting with the matter with regret we are <strong>co</strong>nstrain to mention that<br />
this Forum in many cases filed by the learned representative for the<br />
<strong>co</strong>nsumer Shri Harshad Sheth on same issues referring relevant orders<br />
passed by the Hon. MERC and Ombudsman had given clear directions to<br />
the licensee, however it is unfortunate <strong>co</strong>nsumer had to knock the doors of<br />
this Forum repeating the same grievance. We hope officials of the licensee<br />
would honor the orders passed by the Competent Authority so that the very<br />
purpose of enacting the act for <strong>co</strong>nsumers as well as the smooth<br />
functioning of the licensee would fulfill. Consumer is also cautioned that<br />
being a customer and the licensee being the custodian of the re<strong>co</strong>rds to<br />
keep rapport so as to smoothen the transactions. It appears instead<br />
approaching the licensee <strong>co</strong>nsumer sitting at one place seeking help, need<br />
to be avoided. Consequently grievance application will have to be partly<br />
allowed. Hence the order :<br />
O-R-D-E-R<br />
1) The grievance application is partly allowed.<br />
2) Licensee is directed to refund the amount of SD and ASD with R.B.I. rate of<br />
interest to the <strong>co</strong>nsumer as per the directions given by Hon. MERC in case<br />
No. 93 of 08 dated 01/09/2010 within 45 days and <strong>co</strong>mpliance should be<br />
reported to the forum within 60 days from the date of receipt of this<br />
decision.<br />
3) Licensee is further directed to work out the amount of RLC as per the<br />
directions of Hon. MERC in case No. 72 of 2007, 02 of 03 and Ombudsman<br />
in case No. 39 of 2006 and if <strong>co</strong>llected excess, to refund the same with<br />
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Grievance No. K/E/450/507 of 2010-2011<br />
interest to the <strong>co</strong>nsumer within 45 days and <strong>co</strong>mpliance should be reported<br />
to the forum within 60 days from the date of receipt of this decision.<br />
4) Licensee is directed on verifying the re<strong>co</strong>rds going through the Regulation<br />
and Department circular to calculate whether any excess amount on the<br />
<strong>co</strong>unts mentioned supra <strong>co</strong>llected and if <strong>co</strong>llected excess, refund the same<br />
with interest to the <strong>co</strong>nsumer within 45 days and <strong>co</strong>mpliance should be<br />
reported to the forum within 60 days from the date of receipt of this<br />
decision.<br />
5) The Consumer can file representation against this decision with the<br />
Hon. Electricity Ombudsman within 60 days from the date of this order at<br />
the following address.<br />
“Office of the Electricity Ombudsman,Maharastra Electricity Regulatory<br />
Commission,606/608, Keshav Bldg, Bandra Kurla Complex,Mumbai 51”.<br />
6) Consumer, as per section 142 of the Electricity Act, 003, can approach Hon.<br />
Maharashtra Electricity Regulatory Commission for non-<strong>co</strong>mpliance, part<br />
<strong>co</strong>mpliance or delay in <strong>co</strong>mpliance of this decision issued under<br />
“Maharashtra Electricity Regulatory Commission (Consumer Grievance<br />
Redressal Forum & Ombudsman) Regulation 2003” at the following<br />
address:-<br />
“Maharashtra Electricity Regulatory Commission,13th floor, World Trade<br />
Center, Cuffe Parade, Colaba, Mumbai 05”<br />
Date : 06/01/2011<br />
(Mrs. S.A. Jamdar) (R.V.Shivdas) (S.N. Saundankar)<br />
Member Member Secretary Chairperson<br />
CGRF Kalyan CGRF Kalyan CGRF Kalyan<br />
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